INTRODUCTION The Capital Punishment Case Status Report is published monthly by the Office of the Attorney General, Criminal Justice Division. It details the legal status of each case where an individual is currently under sentence of death. For easy reference, the names of current counsel for each case are italicized and bolded, and the latest developments on each case are also in bold print. Further information about any of these cases may be obtained by contacting John Scott Blonien, Criminal Justice Division, or the members of the Capital Litigation Team as listed on the cover page of this report. INDEX Page BROWN, Cal Coburn CROSS, Dayva Michael ELMORE, Clark Richard GENTRY, Jonathan Lee GREGORY, Allen Eugene STENSON, Darold Ray WOODS, Dwayne L. YATES, Robert Lee, Jr.

3 6 8 12 18 21 27 32

KEY TO COURT ABBREVIATIONS 9CIR EDC USSC WDC WSSC

United States Court of Appeals for the Ninth Circuit United States District Court for the Eastern District of Washington United States Supreme Court United States District Court for the Western District of Washington Washington State Supreme Court

DATE

CAUSE

ACTION

NAME:

BROWN, Cal Coburn D.O.B. April 16, 1958 Race: White

DATE OF CRIME:

May 24, 1991

PLACE OF CRIME:

King County

BRIEF FACTS:

Cal Brown was convicted of aggravated first degree murder for the stabbing and strangulation death of Holly Washa. The aggravating circumstances were that the murder was committed (1) to conceal the identity of the person committing the crime, and (2) in the course of or furtherance of Kidnapping in the First Degree, Rape in the First Degree, and Robbery in the First Degree. State v. Brown, King County Superior Court Cause No. 911-03233-1.

Opinion affirming conviction and death sentence. Justice Smith authored the opinion for the Court. Justice Madsen authored an opinion concurring in part and dissenting in part, in which Justices Alexander and Sanders joined. State v. Brown, 132 Wn.2d 529, 940 P.2d 546 (1997).

Motion for Stay of Execution; Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody; Petitioner’s Motion for Leave to File Amended Habeas 5 Brown November 7, 2005

DATE

CAUSE

ACTION Corpus Petition and for Status Conference; Memorandum of Points and Authorities in Support of Motion for Stay of Execution

06/07/01

C01-715 WDC

Respondent’s Response to Motion for Stay of Execution

06/14/01

66686-5 WSSC

Certificate of Finality; Supplemental Judgment (costs in the amount of $64,481.44 awarded to the Appellate Indigent Defense Fund and $1,145.00 to the King County Prosecutor’s Office to be paid by the Petitioner)

06/15/01

66686-5 WSSC

Order (the stay of execution is hereby lifted as of the date of the issuance of the certificate of finality)

06/19/01

C01-715 WDC

Order Staying Execution

09/07/01

C01-715 WDC

Order (denying Respondent's motion to have Washington declared an opt-in State)

01/23/02

C01-715 WDC

Order (Petitioner’s motion to appoint expert witness and for discovery is granted in full)

07/15/02

C01-715-WDC

Amended Petition Under 28 U.S.C. § 2254 For Writ of Habeas Corpus

09/13/02

C01-715 WDC

Respondent's Answer to Amended Petition for a Writ of Habeas Corpus

11/04/02

C01-715 WDC

Reply to Traverse

04/11/03

C01-715 WDC

Order (denying Respondent's motion to strike the supplemental declaration of Scher; granting Petitioner's motion to expand the record; and granting Petitioner's motion order for evidentiary hearing)

08/19/03

C01-715 WDC

Supplemental Submission of State Court Record – Crime Scene and Autopsy Photographs

08/28/03

C01-715 WDC

Supplemental Submission of State Court Record – Three Audiocassette Tapes of Brown’s Confessions

11/03-4/03

C01-715 WDC

Evidentiary Hearing held

09/16/04

C01-715 WDC

Order (denying petition for writ of habeas corpus); Judgment in a Civil Case

11/09/04

04-35998 9CIR

Petitioner’s Notice of Appeal

03/01/05

04-35998 9CIR

Appellant’s Opening Brief

03/30/05

04-35998 9CIR

Brief of Respondent-Appellee

04/27/05

04-35998 9CIR

Reply Brief of Petitioner

07/14/05

04-35998 9CIR

Oral argument held

07/20/05

04-35998 9CIR

Order (motion to expand the certificate of appealability is granted)

08/02/05

04-35998 9CIR

Supplemental Brief of Respondent-Appellee

08/17/05

04-35998 9CIR

Appellant’s Supplemental Reply Brief

6

Brown November 7, 2005

DATE

CAUSE

ACTION

NAME:

CROSS, Dayva Michael D.O.B.: September 19, 1959 Race: Caucasian

DATE OF CRIME:

March 6, 1999

PLACE OF CRIME:

King County

BRIEF FACTS:

Dayva Michael Cross pleaded guilty to three counts of aggravated first degree murder for the stabbing deaths of his wife, Anouchka Baldwin, and two stepdaughters, Amanda Baldwin and Salome Holly. The aggravating circumstances were that there was more than one victim and the murders were part of a common scheme or plan or the result of a single act of the person. State v. Cross, King County Cause 99-1-02212-9.

Order (motion to review the sealed documents and materials is granted. The Appellant and Respondent may view the sealed portions of the record. The documents should not be distributed to anyone other than counsel of record.)

04/15/03

71267-1 WSSC

Appellant’s Opening Brief

01/15/04

71267-1- WSSC

Appellant’s Reply Brief

02/06/04

71267-1 WSSC

Order (The parties may file supplemental briefs setting forth their views on how the trial judge report and attached summary in State v. Gary Ridgway should be considered by this Court in its proportionality review in this case. The supplemental briefs are due for service and filing by no later than March 8, 2004, and should not exceed 20 pages.)

Clark Richard Elmore pleaded guilty to one count of aggravated first degree murder of Christy Onstad, the 14-year-old daughter of Elmore's live-in girlfriend. The two aggravating circumstances were (1) the murder was in the course of and in flight from Rape in the Second Degree, and (2) the murder was committed to conceal the commission and perpetrator of the crime. State v. Elmore, Whatcom County Cause 95-1-00310-1.

Order (the motion to transport is granted with the following conditions: no one other than the Department of Corrections personnel, relevant medical personnel, and counsel for Mr. Elmore shall be notified of the date, time or place of the testing or be present during testing. Counsel shall give notice to the Department of Corrections at least 24 hours prior to the medical procedures if counsel elects to be present. The Department of Corrections shall have the ultimate authority over the arrangements for transporting Mr. Elmore)

07/23/01

70233-1 WSSC

Declaration from Petitioner (acknowledging receipt of the personal restraint petition and his consent to the petition being filed on his behalf)

10/19/01

70233-1 WSSC

Motion for Discovery Pursuant to RAP 16.26; Motion for Order Directing Counsel to Comply with RAP 18.7 and APR 13(a); Motion to Direct Counsel to File Oath in Compliance with RAP 16.7(a)(5); and Motion for Order Directing Counsel to Verify Petition filed by Court Appointed Counsel

11/13/01

70233-1 WSSC

Petitioner's Response to State's Procedural Motions and Motion for Discovery

Petitioner's Reply in Support of Personal Restraint Petition [Tab D of the brief is a sealed document]

01/02/02

70233-1 WSSC

Petitioner's Motion for Subpoena Duces Tecum for Medical Records

01/10/02

70233-1 WSSC

Order (Petitioner’s motion for subpoena duces tecum for medical records of Juror #12 is denied without prejudice)

01/10/02

70233-1 WSSC

Order (Respondent’s motion for order directing Petitioner to personally verify petition filed by court appointed attorney, motion for order directing counsel to file oath in compliance with RAP 16.27(a)(5) and motion for order directing counsel to comply with RAP 18.7 and APR 13(a) are denied. The motion for discovery is denied without prejudice.)

Order (trial court is directed to hold a reference hearing on the issue of whether counsel's failure to consult and call mental health experts in the penalty phase was deficient performance. The court is directed to take evidence on whether counsel's representation in this regard fell below an objective standard of reasonableness based on consideration of all circumstances, including whether any legitimate strategic or tactical reasons supported the decision not to consult and call such experts. The trial court at the conclusion is to enter findings of fact on the issue referred and expedite the process)

03/14/03

70233-1 WSSC

Petitioner's Motion to Expand Scope of Reference Hearing

04/03/03

70233-1 WSSC

Order (Petitioner’s motion to expand scope of reference hearing is denied)

11

Elmore

November 7, 2005

DATE

CAUSE

ACTION

06/05/03

70233-1 WSSC

Order (Petitioner has not established facts that give rise to a substantial reason to believe that the renewed motion for appointment of attorney expert and renewed motion for funds to hire an investigator will produce information that would support relief under RAP 16.4(c). The order for the reference hearing does not require the trial court to make a legal conclusion regarding the adequacy of trial counsel’s performance. The trial court is directed to find the facts regarding the performance of trial counsel, leaving for this court the determination whether trial counsel’s performance was legally adequate. Therefore, no funds are authorized for attorney experts or an investigator. The request to file this order under seal is denied)

06/17/04

70233-1 WSSC

Petitioner’s Motion for Funds for Preparation of Transcript of Reference Hearing

01/27/05

70233-1 WSSC

Trial Court Findings of Fact

01/31/05

70233-1 WSSC

Petitioner’s Motion to File Supplemental Briefing Based on Findings of Fact Entered After Reference Hearing

Respondent’s Motion to Strike Petitioner’s Overlength and Late Brief and Response to File Separate Brief

05/11/05

70233-1 WSSC

Respondent’s Supplemental Brief

06/02/05

70233-1 WSSC

Report of Proceedings (4 volumes for the dates of 6/7/04, 6/8/04, 6/9/04 and 6/10/04)

06/17/05

70233-1 WSSC

Petitioner’s Additional Authorities

06/20/05

70233-1 WSSC

Petitioner’s Additional Authorities

06/29/05

70233-1 WSSC

Designation of Clerk’s Papers (related to Reference Hearing)

12

Elmore

November 7, 2005

NAME:

GENTRY, Jonathan Lee D.O.B.: August 7, 1956 Race: Black

DATE OF CRIME:

June 13, 1988

PLACE OF CRIME:

Kitsap County

BRIEF FACTS:

Jonathan Gentry was convicted of the aggravated first degree murder of Cassie Holden. The aggravating circumstance was that the murder was committed to protect or conceal the identity of the person committing the crime. State v. Gentry, Kitsap County Superior Court Cause No. 88-1-00395-3.

Order staying execution date of December 5, 1995 pending certificate of finality or further order of the court 14

Gentry November 7, 2005

DATE

CAUSE

ACTION

12/15/95

62677-4 WSSC

Order Appointing Scott Engelhard and Julie Spector as counsel for the purpose of filing a PRP effective January 2, 1996

06/21/96

62677-4 WSSC

Order (Petitioner's motion for authorization of expenses necessary to conduct investigation relevant to personal restraint petition and response to Petitioner's motion will be considered by the Court at the same time as the personal restraint petition)

07/01/96

62677-4 WSSC

First Amended Personal Restraint Petition

08/07/96

62677-4 WSSC

Order (Petitioner's motion for issuance of subpoena duces tecum and the State's response will be considered by the Court at the same time as the personal restraint petition)

Order (Petitioner's motion to supplement the record with the three signed declarations of Jeffrey Robinson, Kay M. Sweeney and Dr. Sandy Zabell is granted)

07/14/97

62677-4 WSSC

Order (Respondent's motion to supplement the record is granted. The Declaration of T.H. will be entered as part of the record)

10/20/97

62677-4 WSSC

Order (motion to amend the petition is granted; motion to supplement the record is granted; motions for discovery and for appointment of an investigator are denied; motion to defer consideration of the petition pending additional discovery and investigation is denied. The case is transferred to the superior court under RAP 16.11(b) for a reference hearing solely on Mr. Gentry’s claim that one or more of the jurors spoke to the victim’s family and a deputy sheriff during trial. The trial court shall enter findings of fact on the following questions only (1) did the claimed contact occur? and (2) if so, under what circumstances did the contact occur? The trial court shall transmit those findings to this court not later than January 30, 1998)

Order (Petitioner’s motion for reconsideration is denied); Order Changing Opinion; Order (Respondent’s motion, to dissolve the stay of execution upon issuance of the certificate of finality, is granted)

07/19/99

C99-0289 WDC

Order (staying execution of Jonathan Lee Gentry)

07/21/99

62677-4 WSSC

Certificate of Finality 15

Gentry November 7, 2005

DATE

CAUSE

ACTION

07/26/99

62677-4 WSSC

Order (the State of Washington is awarded costs in the total amount of $178,869.57 to be paid by the Petitioner, Jonathan Lee Gentry)

10/22/99

C99-0289 WDC

Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254

01/24/00

C99-0289L WDC

Respondent's Answer and Memorandum of Authorities

01/24/00

C99-0289L WDC

First Amended Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. §2254

02/11/00

C99-0289 WDC

Respondent's Amended Answer and Memorandum of Authorities

04/07/00

C99-0289 WDC

Petitioner's Brief on Exhaustion of Claims

05/08/00

C99-0289 WDC

Respondent's Reply to Petitioner's Brief on Exhaustion

06/02/00

C99-0289 WDC

Order (denying motion to prohibit Assistant Attorney General Brian Moran from participating in the litigation of this case); Order (granting in part and denying in part Petitioner's motion for leave to conduct discovery)

07/07/00

C99-0289 WDC

State of Washington’s (Kitsap County) Motion for Protective Order; Memorandum in Support of Motion for Protective Order

07/12/00

C99-0289 WDC

Oral argument

07/24/00

C99-0289 WDC

Petitioner’s Response to Kitsap County Prosecuting Attorney’s Motion for Protective Order

09/07/00

C99-0289 WDC

Motion for Order Directing Release of Nonconviction Data

05/10/01

C99-0289 WDC

Order Directing Release of Nonconviction Data

07/12/01

C99-0289 WDC

Order Regarding Exhaustion of Claims (the following claims presented were in fact exhausted in the Washington courts and may be considered here: (1) the Brady/Napue claim regarding Brian Dyste; (2) the victim impact statement claims; (3) the claim regarding the admission of petitioner’s previous conviction; and (4) the juror exclusion claim. The following claims were unexhausted and cannot be considered here: (1) the Brady/Napue claims regarding Leonard Smith, Timothy Hicks, and detective misconduct; and (2) the ineffective assistance of counsel claims.)

07/13/01

C99-0289 WDC

Respondent’s motion to Conduct Discovery

07/20/01

C99-0289 WDC

Motion for Clarification of Exhaustion Order and Memorandum in Support

07/23/01

C99-0289 WDC

Response to State’s Motion to Conduct Discovery

08/08/01

C99-0289 WDC

Respondent's Response to Motion for Clarification of Exhaustion Order

08/16/01

C99-0289 WDC

Petitioner's Reply in Support of Motion for Clarification of Exhaustion Order

08/30/01

C99-0289 WDC

Order for Clarification of Exhaustion Order; Order Deferring Motion to Conduct Discovery

01/28/02

C99-0289 WDC

Response to this Court’s Order Regarding Exhaustion of Claims

02/11/02

C99-0289 WDC

Respondent’s Reply to Petitioner’s Response to This Court’s Order Regarding Exhaustion of Claims

04/12/02

C99-0289 WDC

Motion for Reconsideration of Order Regarding Exhaustion of Claims 16

Gentry November 7, 2005

DATE

CAUSE

ACTION

04/23/02

C99-0289 WDC

Response to Motion for Reconsideration of Order Regarding Exhaustion of Claims

04/30/02

C99-0289 WDC

Reply Memorandum in Support of Motion for Reconsideration

03/25/03

C99-0289 WDC

Order Denying Motion for Reconsideration and Regarding Related Matters

04/23/03

C99-0289 WDC

Memorandum Regarding Procedural Default

05/21/03

C99-0289 WDC

Response Memorandum Regarding Procedural Default

06/06/03

C99-0289 WDC

Reply to Respondent’s Memorandum Regarding Procedural Default

07/02/03

C99-0289 WDC

Order Regarding Procedural Default (the claims identified as unexhausted in the Court’s Order of Clarification [08/30/01] are now procedurally barred; directing the parties to file memoranda regarding cause and prejudice)

09/26/03

C99-0289 WDC

Opening Brief Regarding Cause and Prejudice (Oral Argument Requested)

10/24/03

C99-0289 WDC

Respondent’s Response to Opening Brief Regarding Cause and Prejudice

11/07/03

C99-0289 WDC

Brief in Reply Regarding Cause and Prejudice and Motion to Strike Declaration Attached to Respondent’s Brief

Oral argument held re: cause and prejudice; Court directs the filing of supplemental briefs not to exceed two pages re: applicability of Banks v. Dretke by March 15, 2004

03/15/04

C99-0289 WDC

Petitioner’s Brief Regarding Banks v. Dretke

03/15/04

C99-0289 WDC

Respondent’s Supplemental Brief re: Applicability of Banks v. Dretke to the Cause and Prejudice Issue in this Case

03/26/04

C99-0289 WDC

Order Regarding Cause and Prejudice (reconsidering sua sponte, and reversing, the Court’s prior decision that the Brady/Napue claims concerning Timothy Hicks and Detectives Wright and Wagner are unexhausted and procedurally defaulted; reserving ruling as to whether Gentry has shown cause for his default regarding the Leonard Smith claims pending an evidentiary hearing; concluding that Gentry has failed to show cause to excuse his default of the penalty phase ineffective assistance claim; denying Gentry’s motion to strike)

05/05/04

C99-0289 WDC

Status conference held; minute order (the parties are directed to submit briefs regarding the scope of discovery and evidentiary hearing issues and a proposed timeline)

Order Regarding Discovery and Evidentiary Hearing (granting Petitioner’s request to conduct depositions of Brian Moran, Timothy Hicks, Brian Dyste, Detective Wright, Detective Wagner, and CCO Karen Adams; denying Respondent’s request for depositions; scheduling evidentiary hearing on Petitioner’s Brady/Napue claims to be held on February 6, 2006. All depositions should be completed by October 28, 2005. By November 18, 2005, Petitioner must file a memorandum in support of his argument that an evidentiary hearing is necessary for the ineffective assistance of counsel claim. Respondent’s memorandum is due December 9, 2005, and any reply is due December 16, 2005.)

Order (Granting Joint Motion for Extension of Time to Complete Discovery, Pleading Schedule and Evidentiary Hearing)

11/03/05

C99-289L WDC

Minute Order (Evidentiary Hearing rescheduled for 3/06/06)

18

Gentry November 7, 2005

NAME:

GREGORY, Allen Eugene D.O.B.: June 9, 1972 Race: Black

DATE OF CRIME:

July 27, 1996

PLACE OF CRIME:

Pierce County

BRIEF FACTS:

Allen Eugene Gregory was convicted of one count of aggravated first degree murder for the stabbing death of his neighbor, Geneine Harshfield. The aggravating circumstances were that the murder was committed: (1) in the course of or furtherance of Robbery in the First Degree, and (2) in the course of or furtherance of Rape in the First or Second Degree. State v. Gregory, Pierce County Cause No. 98-1-04967-9.

Order (Appellant's motion is granted. Court of Appeals Case No. 26669-5-II should be transferred to this Court and consolidated under Supreme Court Case Number 71155-1)

11/26/01

71155-1 WSSC

Motion for Discretionary Review (re: DNA blood draw issue)

12/24/01

71155-1 WSSC

State's Response to Motion for Discretionary Review

01/10/02

71155-1 WSSC

Order (Appellant’s motion for discretionary review is denied)

05/29/02

71155-1 WSSC

Motion to Unseal Portions of September 9, 1999 Transcript

05/31/02

71155-1 WSSC

State’s Response to Motion to Unseal Transcript

06/06/02

71155-1 WSSC

Order (Appellant’s motion to unseal portions of September 9, 1999 transcript is granted. The transcript for September 9, 1999 is unsealed)

11/26/02

71155-1 WSSC

Order (Appellant’s motion for completion of trial record is granted in part. The parties should submit an agreed narrative report of proceedings for the hearing date of March 20, 2001, where the Clerk’s notes indicate that the jury was permitted to view in open court a videotape exhibit. The report is due by December 13, 2002. All other requests to supplement the record are denied for failure to provide any evidence that the matters where the defendant’s presence is not indicated were anything but ministerial)

Reply to State’s Response to Motion for Leave to Supplement Opening Brief with Additional Claim and for Modification of Briefing Schedule

06/10/04

71155-1 WSSC

Appellant’s Supplemental brief

07/06/04

71155-1 WSSC

Appellant’s Reply brief

08/16/04

71155-1 WSSC

Respondent’s Supplemental Brief 20

Gregory November 7, 2005

DATE

CAUSE

ACTION

09/17/04

71155-1 WSSC

Appellant’s Supplemental Reply Brief

03/22/05

71155-1 WSSC

Oral argument held

03/29/05

71155-1 WSSC

Order (the superior court is directed to conduct an in camera review of the dependency files of Robin Sehmel’s children in dependency proceedings that were pending at the time of State v. Gregory. The court shall enter findings as to whether the dependency files contained evidence or information relevant to State v. Gregory. The court shall transmit its findings and the complete record of its review by not later than June 27, 2005).

Darold Stenson was convicted of two counts of aggravated first degree murder for the shooting deaths of his wife, Denise Ann Stenson, and his business partner, Frank Clement Hoerner. The aggravating circumstances were (1) the murders were part of a common scheme or plan, and (2) the murders were committed to protect or conceal the identity of the perpetrator of a crime. State v. Stenson, Clallam County Superior Court Cause No. 93-1-00039-1.

Response to Motion to Expand the Record and Reply to Opposition to State’s Motion to Strike

06/25/02

C01-252 WDC

Reply to Petitioner’s Memorandum Regarding Procedural Defenses

09/11/02

C01-252 WDC

Order Staying Petition (the petition for writ of habeas corpus is stayed until further order of the Court. Counsel shall notify the court within 24 hours of any order issued by the Washington State Supreme Court which addresses Petitioner's personal restraint petition)

09/26/02

C01-252 WDC

Minute Order (for purposes of docket management, in accordance with the court's order temporarily staying this matter, Petitioner's motion to expand the record is stricken. On expiration of the stay, the court will re-note the motion for reconsideration)

04/21/03

C01-252 WDC

Order Granting Ex Parte Motion for Expenditure of Funds for Legal Research and for Permission to File Motion Under Seal

Opinion granting State’s motion to strike Petitioner’s Second Personal Restraint Petition. Chief Justice Alexander authored the opinion for the Court, holding that the petition is a mixed petition, containing both claims that are time-barred under RCW 10.73.090 and also claims that may fall within one of the exceptions to the time bar rule, RCW 10.73.100. The petition is dismissed. State v. Stenson, 150 Wn.2d 207, 76 P.3d 241 (2003).

10/06/03

72009-6 WSSC

Certificate of Finality

10/13/03

74593-5 WSSC

Personal Restraint Petition [Third]

10/22/03

72009-6 WSSC

Clerk’s Ruling on Costs

10/23/03

C01-252 WDC

Respondent’s Motion to Lift Stay, and to Proceed with Habeas Corpus Proceedings

11/18/03

C01-252 WDC

Order Granting Motion to Lift Stay, and to Proceed with Habeas Corpus Proceedings

11/24/03

74593-5 WSSC

Response to Personal Restraint Petition

11/24/03

72009-6 WSSC

Supplemental Judgment

01/26/04

74593-5 WSSC

Motion of American Civil liberties Unions of Washington for Leave to File Amicus Brief and Motion to File Overlength Brief

Dwayne Woods was convicted of two counts of aggravated first degree murder for the murders of Telisha Shaver (Count 1) and Jade Moore (Count 2). As to Count 1, the aggravating circumstances were: (1) the murder was committed to conceal the commission of a crime or to protect or conceal the identity of any person committing a crime; and (2) there was more than one victim and the murders were part of a common scheme or plan of the defendant. As to Count 2, the aggravating circumstances were: (1) [same as #1 above]; and (2) the murder was committed in the course of or in furtherance of the crime of first degree rape; and (3) [same as #2 for Count 1]. State v. Woods, Spokane County Superior Court Cause No. 96-1-01143-7.

Ex Parte Motion for Investigative Services and Declaration of Judith Mandel in Support of Motion for Investigative Services

05/02/02

71780-0 WSSC

Letter (copy of letter from Petitioner to Lenell Nussbaum regarding his wishes to waive certain portions of his case)

05/10/02

71780-0 WSSC

Petitioner’s Motion for Depositions of Dr. John Anthony Brown, Donald Maclaren and William Morig

05/15/02

71780-0 WSSC

Letter (requesting that Lenell Nussbaum and Judith Mandel be withdrawn from the case and an order entered to proceed pro se)

05/28/02

71780-0 WSSC

Answer to Motion for Depositions

05/28/02

71780-0 WSSC

Response of Counsel to Petitioner’s Letter Asking to Proceed Pro Se

06/03/02

71780-0 WSSC

Letter (the motion for depositions, motion for appointment of mitigation expert and Respondent’s motion to compel will be considered at the same time as the personal restraint petition. Mr. Woods’ request regarding counsel will be considered by the Court on the July 2, 2002 en banc conference without oral argument)

06/05/02

71780-0 WSSC

Petitioner’s Reply Memorandum in Support of Motion for Depositions

30

Woods November 7, 2005

DATE

CAUSE

ACTION

07/02/02

71780-0 WSSC

Order (the matter is referred to the Spokane County Superior Court to hold a hearing and enter findings in answer to the following questions: (1) Is it Woods’ desire to pursue a post-conviction relief by means of a personal restraint petition? (2) If the answer is yes, is it Woods’ desire to proceed pro se in preparing and filing such a petition? (3) If Woods’ answer to question two is no, or is a conditional or qualified yes, are his present counsel willing to abide by Woods’ instructions regarding issues to be raised in such a petition? The court should make a thorough record and transmit by not later than August 15, 2002, its findings along with a complete record of the hearing)

07/11/02

71780-0 WSSC

Petitioner’s Brief

07/15/02

71780-0 WSSC

Reference Hearing Report (with attached transcript of hearing)

07/22/02

71780-0 WSSC

Letter from Dwayne Woods dated July 17, 2002

08/12/02

71780-0 WSSC

Additional Reference Hearing Report

09/30/02

71780-0 WSSC

Respondent’s Motion to Clarify Status of Petition and Response

10/14/02

71780-0 WSSC

Order (motion to clarify will not be decided at this time. The State should respond to all issues raised in the Personal Restraint Petition and Supplemental Personal Restraint Petition filed by Petitioner's counsel. At the time the Court considers the Personal Restraint Petition and Supplemental Personal Restraint Petition, it will resolve whether it will address issues other than those verified by the Petitioner.)

Petitioner’s Motion to Recall Mandate and Reopen Direct Appeal of Judgment and Sentence

04/07/03

71780-0 WSSC

Petitioner’s Supplemental Brief in Support of Motion to Recall Mandate; Petitioner’s Second Motion for Continuance of Due Date for Amended Petition and for the Supreme Court to Order Office of Public Defense to Authorize Sufficient Funds for Counsel

Order (Petitioner’s motion to recall mandate and reopen direct appeal of judgment and sentence is denied); Order (Petitioner’s second motion for continuance of due date for the Amended Petition and for the Supreme Court to order Office of Public Defense to authorize sufficient funds for counsel is denied)

05/09/03

71780-0 WSSC

Letter (Respondent’s motions to strike will be passed to the merits and considered at the same time as the personal restraint petition. Any answer to the motions is due May 30, 2003, and any reply by no later than June 20, 2003)

05/23/03

71780-0 WSSC

Response to Personal Restraint Petition and Brief of Respondent; Response to Motion for Evidentiary Hearing

05/30/03

71780-0 WSSC

Petitioner’s Response to Motions to Strike Time Barred and Unverified Claims

06/13/03

71780-0 WSSC

Response to Motion to Compel Depositions; Response to Motion to Strike

06/24/03

71780-0 WSSC

Reply Brief in Support of Amended Personal Restraint Petition; Petitioner’s Second Motion for Deposition and for Protective Order

06/25/03

71780-0 WSSC

Response to State’s Motion to Compel Discovery of DNA Testing

06/27/03

71780-0 WSSC

Letter (the following motions were recently filed and the Court has determined to pass them to the merits to be considered at the same time as the Personal Restraint Petition: Respondent’s motion to compel deposition; Respondent’s motion to strike hearsay and incompetent evidence; Respondent’s motion to strike time barred claims and Petitioner’s motion to strike. Respondent should file answers to the Petitioner’s motion to strike, second motion for deposition and for protective order and motion for order for production and inspection of documents by no later than July 15, 2003. The State’s motion to strike unverified claims will be considered by the Court on the July 10, 2003 en banc conference without oral argument.)

07/16/03

71780-0 WSSC

Answer to Motions for Production and Inspection; Answer to Motion to Strike

07/23/03

71780-0 WSSC

Petitioner’s Reply Memorandum in Support of Motion for Production and Inspection of Documents

Robert Lee Yates, Jr. was convicted of two counts of aggravated first degree murder for the murders of Melinda Mercer in 1997 and Connie LaFontaine Ellis in 1998. The aggravating circumstances were: (1) there was more than one victim and the murders were part of a common scheme or plan or the result of a single act of the defendant; (2) the murders were committed to conceal the commission of a crime or to protect or conceal the identity of any person committing a crime; and (3) the murders were committed in the course of, in furtherance of, or in immediate flight from the crime of Robbery in the First Degree. State v. Yates, Pierce County Cause No. 00-1-03253-8

Order (Thomas Kummerow and Gregory Link are appointed to represent Appellant)

03/03/03

73155-1 WSSC

Letter (establishing due date for verbatim report of proceedings and provisions for juror questionnaires and clerk's papers. Verbatim report of proceedings due May 5, 2003)

03/24/03

73155-1 WSSC

Second List of Hearings from Pierce County

05/05/03

73155-1 WSSC

Request from the Court Reporter for Extension of Time to Complete VRP

05/08/03

73155-1 WSSC

Order (the request for a six month extension of time for the completion of the transcripts is granted. The final volume of the transcripts should be filed by no later than November 5, 2003. The court reporters should continue to file transcripts during this period as they are completed)

10/10/03

73155-1 WSSC

Motion to Extend to File (request for six month extension of time to complete record due November 5, 2003)

03/30/04

73155-1 WSSC

Notice of Substitution of Counsel (Kathleen Proctor)

01/01/05

73155-1 WSSC

Briefing Schedule (Appellant’s brief is due May 5, 2005; Respondent’s brief is due 120 days after the filing of Appellant’s brief; pro se supplemental brief is due 60 days after filing of Respondent’s brief; Appellant’s reply brief is due 30 days after filing of Respondent’s brief; Respondent’s reply to pro se supplemental brief is due 30 days after filing of pro se brief)

03/29/05

73155-1 WSSC

Appellant’s Motion to Authorize Counsel to View Trial Exhibits filed

04/13/05

73155-1 WSSC

Respondent’s Answer to Motion to Authorize Counsel to View Trial Exhibits due

John Hillman, Deputy Prosecutor (Former Deputy Prosecuting Attorney) .... Order Granting Respondent's Motion to Amend the Court's January 18, 2008, Order ..... Other (Copies of the coding manual and data file for the study on the role of race in ....

The Capital Punishment Case Status Report is published monthly by the Office of the Attorney General,. Corrections Division. It details the legal status of each case where an individual is currently under sentence of death. For easy reference, the na

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